Divorce fault compensation refers to the civil liability for compensation of property loss and spiritual loss borne by the fault party to the non fault party when the marriage relationship is broken due to the fault behavior of the fault spouse. The elements of divorce damages include the following four aspects: First, the actor is at fault. The so-called fault is not the divorce itself, but the fault that leads to divorce. Article 46 of the new Marriage Law stipulates that the fault behaviors include bigamy, cohabitation with others, domestic violence, maltreatment, abandonment of family members, etc. That is, the above fault behavior causes property damage, personal damage and mental damage to the spouse. Third, there is a causal relationship between the fault behavior and the damage facts. That is, the fault behavior has led to the occurrence of damage facts. This causal relationship is the premise and basis for the fault party to bear the liability for compensation. The fourth is the occurrence of divorce and no fault of the claimant for damages. Article 46 of the Marriage Law stipulates that the subject of claim for no fault damages in divorce is the no fault party. Because the innocent party is the victim, he or she has the right to claim the economic and mental losses caused to him or herself by the fault of the divider, that is, the fault party. Article 29 of the judicial interpretation stipulates that the subject of liability for damages is the spouse of the innocent party in the divorce proceedings. The compensation for divorce fault can be applied to both judgment divorce and agreement divorce. Divorce does not have different effects because of divorce judgment or divorce agreement. At the time of divorce by agreement, both parties can agree on the compensation for damages. If there is no agreement, it does not mean that the innocent party waives the right to claim damages. After the divorce by agreement takes effect, the innocent party can still file a lawsuit for damages. If a divorce is decided, the party without fault may file a lawsuit for damages at the same time of filing a lawsuit for divorce.
